| Bryant v State of New York |
| 2006 NY Slip Op 04458 [7 NY3d 732] |
| June 8, 2006 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, July 26, 2006 |
| William Bryant, Respondent, v State of New York, Appellant. |
Decided June 8, 2006
Bryant v State of New York, 23 AD3d 592, appeal dismissed.
APPEARANCES OF COUNSEL
Eliot Spitzer, Attorney General, Albany (Michael S. Buskus, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for appellant.
Bergstein & Ullrich, LLP, Chester (Christopher D. Watkins and Stephen Bergstein of counsel), for respondent.
Memorandum.
Defendant's appeal should be dismissed, without costs, upon the ground that the Appellate Division did not have the power to grant leave to appeal to the Court of Appeals on a certified question in these circumstances (see NY Const, art VI, § 3 [b] [3], [4]; CPLR 5601 [c]; 5602 [b] [1]; Maynard v Greenberg, 82 NY2d 913, 914 [1994]). The apportionment of fault is a component of the liability determination, which was the subject of the initial trial.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.{**7 NY3d at 734} [*2]
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), appeal dismissed, without costs, in a memorandum.